### BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, DC

)

Application of )

) Docket No. OST

- 2013

- 0204

NORWEGIAN AIR INTERNATIONAL )

LIMITED )

)

for an exemption under 49 U.S.C. § 40109 )

and a foreign air carrier permit pursuant to )

49 U.S.C. § 41301 (US

- EU Open Skies) )

)

ANSWER OF EUROPEAN COCKPIT ASSOCIATION

TO DOT NOTICE OF MOTION

The European Cockpit Association (ECA) has read with great attention the summary of

the discussi ons between the US Department of Transport and the European Delegation

at the last EU

- US joint committee meeting. We found a number of points that are

inaccurate or incorrectly explained. With respect to the reasons that NAS provided to

the Commission for its decision to establish itself as an Irish carrier, ECA would note as

a preliminary matter, that we had not heard of any of these reasons

– as portrayed by

the Commission

– prior to reading them in the DOT’s notice. For months, the reason

that was give n for NAI to seek certificate authority from Ireland was that NAS wants

for its long haul operations not to be covered by Norwegian law.

The reasons now given by NAS appear rather weak and seem to be tailor

- made to

ensure a positive up

- take by the Commis sion

– with success as the statements made by

the European Delegation seem to indicate.

As to the specific points the European Commission mentioned as being the key factors

for NAI to establish itself in Ireland ECA has the following comments:

### 2

- Access to significant additional traffic rights not available to it as a Norwegian

carrier:

Whereas Norwegian Air International establishes itself in Ireland to get access to new

routes, setting up an office and requesting an AOC in Ireland is not sufficient for NAI to

claim the right to fly under agreements to which Norway is not a party. When l ooking

at the structure of NAI, its 3 Directors are either residents of Norway or Sweden, who

are affiliated with NAS, while its secretariat is managed by an in

- house secretary

company where NAI is officially registered (Norwegian Air International Limited

– 70
Sir John Rogerson’s Quay Dublin 2). Furthermore the above mentioned NAS

- affiliated

Directors have an active role in the management of NAS Norway 1



### .

Because the ownership and control of NAI are still in the hands of Norwegian interests

this prevents Ireland from designating NAI and gives the right to the third country to

refuse the designation of NAI by Ireland when Norway is not part of the air transport

agreement between the EU and the 3 rd 

### country. A case

- by

- case analysis would be

necessary to evalu ate the claim of NAS on this point.

Moreover most of the EU

- 3 rd 

### countries air transport agreements grant rights to ECAA

countries. When it is not the case, Norway may always ask its accession to the

agreement. This is an easy process as demonstrated by the accession of Norway and

Iceland to the EU

- US air transport agreement.

- Access to additional financing options under OECD rules:

ECA assumes that this argument refers to the OECD 2001 sector understanding on

export credits for civil aviation (ASU). I n which case both Norway and the European

Union are participants and have access to the provision laid down in the ASU. 2 

### We do

not believe that being an Irish carrier would provide NAI any advantage over being a

Norwegian carrier.

- Access to insurance and financing rebates because Ireland is a signatory party of

the Cape Town Convention:

Norway is also a signatory party of the Cape Town Convention 3 

### as is Ireland.

1 See document B1

- Annual return

2 http://www.oecd.org/tad/xcred/aircraftsectorunderstandings.htm

3 http://www.icao.int/se cretariat/legal/List%20of%20Parties/CapeTown

- Conv_EN.pdf

### 3

- Aviation cluster in Ireland:

Indeed companies specialised in aircraft financing and leasing explain that “half of the

world’s leased fleet of commercial aircraft are leased or managed through Ireland,

hundreds of foreign operated aircraft are registered with the Irish Aviation Authori ty

operating over 16 countries 4 

### .” This is largely explained by that fact that Ireland offers

low corporate tax (12,5%) and taxation rebate (12,5% over 8 years). This in itself is a

confirmation that seeking an AOC in Ireland (without planning to have any o perations

in Ireland, nor any operational control) is done for the purpose of forum shopping,

rather than for operational needs or the need to be part of an aviation cluster.

- The EU Commission is wrong to deny that Ireland is being used as a “flag of

convenience”.

A ‘flag of convenience’ is defined as a foreign flag under which a vessel is registered in

order to avoid financial charges or restrictive regulations in the owner’s country 5



### . NAI’s structure is designed deliberately to make maximum use of these two elements

for its long haul operations, i.e. cheap social and labour cost in Asia, and the low

taxation regime in Ireland, as compared to Norway. Indeed the information regarding

aviation and leasing financing in Ireland is widespread. A large nu mber of consulting

companies attract clients in proposing to help them to set up in Ireland to ‘optimise’

their taxation. One specific sector is the aircraft leasing industry. These financial and

taxation advisors recommend Ireland as it is has a ‘high avi ation authority’ and an
“attractive tax regime [that] is a key factor for international lenders, investors and

leasers looking to locate and structure aircraft and engine financing and leasing

transactions .” 6 

### . Another location mentioned in addition to Ireland for aviation finance

is the Cayman Islands 7



### . Other consultancies advertise that, for many decades, they

“have assembled, structured and managed complex cross

- border, multi

- jurisdictional

4 http://www.matheson.com/images/uploads/documents/Aviation

- Aircraft

- Leasing

- and

- Finance

Legal.pdf

5 Oxford Dictionnary

6 http://www.matheson.com/images/uploads/documents/Aviation

- Aircraft

- Leasing

- and

- Finance

Legal.pdf

7 http://www.dilloneustace.ie/download/1/Aviation%20Finance%20

- %20Ireland%20and%20the%20Cayman%20Islands%20as%20Key%20Locati ons.pdf

### 4

and domestic financing and tax

- based structures often accessi ng the international

capital markets 8 

### ” in Ireland. With respect to labour costs, it appears that Ireland will

permit NAI to employ flight crew on Asian contracts, while Norway will not.

- NAI describes it’s model of having bases outside of Europe as a ‘New business

model’.

This is not a new model : in terms of operations NAI would start with a 4 th 

### freedom and

then a 3 rd 

### whereas a ‘traditional company’ operate a 3 rd 

### then a 4 th 

### . This is only profitable

when you use cheap labour force. In terms of traffic and passengers carried it does not

have any impact.

- NLH and NAI use local hiring agencies at operating bases because recruitment is

quicker, the agencies are familiar with l ocal laws and regulations, and the practice

minimizes the companies’ investment costs.

Whereas ECA agrees with the latter point, the first arguments however are incorrect.

The job advertisement for pilots was posted by Rishworth (a company established in

New

- Zealand). The requirements included possessing a European passport and a

European flying license. The employment company is in Singapore (place where social

legislation applies) and the pilots are based in Thailand, so the hiring agency (in

Singapore) is in no way familiar with the law and legislation of the base (Thailand). It is

hard to understand how the Commission can have supported such an argument.

- Salary information:

The Commission/EU Delegation fails to provide any sources for the salary info rmation

put forward, nor does it explain how the salaries are calculated and averaged, and to

what extent the numbers provided are actually comparable. Without such information,

8 

### http://www.algoodbody.ie/expertise/Aircraft_Finance

### 5

neither the DOT nor other stakeholders can verify and take an informed view ab out the

numbers provided.

If we refer to the employment agreement between Global crew Asia 9 

### and the pilots, the

yearly gross salaries are:

Captain: €108.000 ($146.000 vs. 166,117 presented by the EU delegation)

F/o: € 60.000 ($ 81.000 vs. 101,724 present ed by the EU delegation)

The Commission fails to point out that these gross salaries do not include social and

income taxes (including pension and social security at the operational base), which

must be paid by the employees out of the fixed payment amount.

Also, as pilots will m ost likely de facto live in Europe (making best use of their

outstation layover opportunities) they may have to solicit additional insurance (e.g.

health) at their place of de

- facto residence (=Europe) in addition to any contributions

they have to pay at t heir (pro

- forma) place of base.

The above points underline that

– without further information

– the numbers provided

by the Commission are meaningless and potentially misleading.

- The European Delegation also indicated that company employees are organis ed

in labour unions

This statement is not correct and misleading. Whilst NAS does engage with unions in

Norway as regards the operations performed by NAS, Norwegian Long Haul’s

employees are not unionized and do not have any form of collective representati on nor
have negotiations with their management. As regards NAI, it appears that NAI pilots

will not be able to be organised either. They will not be employed by NAI, but by a

separate employment company and only as temporary agents. The only jurisdiction

where they could possibly form an association would be in Singapore, where the pilots

will never or only very rarely be.

Hence, the set

- up of NLH and NAI as well as the specific organisational and

transnational character of NAI’s business and employment m odel, provide little or no

opportunity for employees to organise in unions and engage collectively with the

management. Hence, the company’s specific set up will ensure that all the future

growth will be done by non

- unionised labour, rather than by employe es covered by the

9 See attachment Singapore employment contract

### 6

current collective labour agreement. This may be a coincidence or a deliberate objective.

Against this background, it is hard to understand that the Commission chooses to point

out that “NAS had no tradition of discouraging unionisation” while failing to highlight

the very ‘discouraging’ nature of the envisaged business /employment model of NAI.

ECA is concerned that a positive decision by the European Union and the US DoT

would encourage social dumping practices to develop and forum

- shopp ing to become

acceptable. Allowing an airline to set up an AOC in one country, recruit pilots and

cabin crew in another country and base them in a third country is an attempt to

undermine fundamental workers’ rights and discourage unionisation. When taking a
decision to ‘legitimise’ this model, the US DOT and the European delegation should

consider if this would be acting in the public interest. ECA has argued in previous

submissions to the DOT that we consider this as being against the public interest.

- Safety management & Safety Oversight:

A similar complex and non

- transparent business model was described in and subject of

the report of the Cork air accident released by the Irish investigation unit 10 

### on 28

January 2014. This report particularly points out the company’s business model as an

important contributing factor to the crash. Among others, the report also clearly

establishes the lack of safety oversight by the national authority as a factor, as well as

the lack of financial control leading to the mi sappropriation of (European) public

money. NAI’s peculiar business model contains a similar mix of elements that

contributed to the Cork accident and regulators on both sides of the Atlantic should

think carefully about the potential safety implications th eir decision might have. ECA

raised its safety concerns

– including on the obstacles created by the NAI employment

model to an open incident reporting

– in its previous submissions to the DOT.

Finally, ECA would like to point out that the position taken by the Commission at the

EU

- US Joint Committee may not represent the view of all the Member States present at

this meeting. We do observe that the elements provided by the Commission look

10 

### http://www.aaiu.ie/sites/default/files/report

- attachments/REPORT%202014

- 001.pdf

(p.66 point 1.17)

### 7

surprisingly similar to the arguments brought forward by NAS previou sly. This

includes the Commission’s official statement and position that “the U.S. should

recognise Ireland’s determinations regarding NAI”

– which is (as ECA pointed out in its

previous submissions to the DOT) contrary to the Art. 17 bis of the ATA

– and includes

the Commission’s rather subjective position that it “welcomed the competition that

NAS/NLH has provided in the EU market and [...] that its business model, if successful,

will benefit competition, U.S. consumers and U.S. manufacturers.” ECA cannot avoid

getting the impression that the Commission has de facto made itself the spokesperson

of the main interested party, i.e. NAS/NAI. We do not consider this helpful to the

process.
In summary, the statements and information made/provided by the EU Commi ssion

– on behalf of the EU Delegation

– contain a number of inaccuracies, fail to provide

elements that are required to allow the DOT to take an informed view, and seem to be

rather close to the commercial interests of the main interested party NAS/NAI. E CA

considers they do not provide any new and valid information that would allow

reassessing the situation and deflecting from the fact that the business and employment

model used by NAI is incompatible with the ATA, against the public interest, and

would p romote and legitimise practices of social dumping, forum shopping, and a

“ race to the bottom in a few thousand airline employees' jobs ” (as NAS CEO Bjørn Kjos

put it in an Interview with The Guardian, 4 Feb. 2014 11 

### )

.

Hence, ECA reiterates its position tha t DOT should deny the application.

Philip von Schöppenthau

Secretary General

European Cockpit Association (ECA)

Rue du Commerce 20

- 22

B

- 1000 Brussels

Belgium

Phone: 32 2 705 32 93

Fax: 32 2 705 08 77

Email: pvs@eurocockpit.be

Dated: February 14, 2014

11 http://www.theguardian.com/business/2014/feb/04/norwegian

- air

- shuttle

- low

- cost

- gatwick

- bjorn

- kos

### CERTIFICATE OF SERVICE

The undersigned certifies that on February 1 4 , 2014, a true and correct copy of the foregoing
Comments of European Cockpit Association was served by electronic mail on the individuals

identified below:

Steve Morrissey
Thomas N. Bolling

United Airlines
steve.morrissey@united.com
thomas.bolling@united.com

Dan Weiss

Continental Airlines

dan.weiss@coair.com

Sascha Vanderbellen

Delta Airlines

sascha.vanderbellen@delta.com

Howard Kass
U.S. Airways
howard.kass@usairways.com

Malcolm L. Benge

Counsel for North
American/World Airways
mlbenge@zsrlaw.com

Russell E. Pommer

Atlas Air Inc.
rpommer@atlasair.com

Russell Bailey

Jonathan A. Cohen
Air Line Pilots Association, Int’l
russell.bailey@alpa.org
jonathan.cohen@alpa.org

Edward Wytkind
Transportation Trades
Department, AFL

- CIO
edw@ttd.org

J. Christopher Lytle

Port of Oakland
clytle@portoakland.com

Kent George
Broward County Aviation

Department kgeorge@broward.org

Mark Richardson

Southwest Airlines Pilots’

Association
mrichardson@swapa.org Robert Wirick

Francis Heil

American Airlines, Inc.

robert.wirick@aa.com

francis.heil@aa.com

Nick Tsokris

Jesse Elliot

John Chen

FAA New York IFU
jesse.elliot@faa.gov
nicholas.tsokris@faa.gov
john.chen@faa.gov

John M. A llen
Director, Flight Standards

Federal Aviation Administration
john.allen@faa.gov

Anita Mosner

Jennifer Nowak

Counsel for UPS
Holland & Knight

anita.mosner@hklaw.com
jennifer.nowak@hklaw.com

Nancy S. Sparks
Bailey Leopard
Federal Express Corporation
nssparks@fedex.com
gbleopard@fedex.com

Da vid Berg
James L. Casey

Keith A. Glatz

Airlines for America
dberg@airlines.org
jcasey@airlines.org
kglatz@airlines.org

Philip von Schoppenthau

Celine Canu
European Cockpit Association
pvs@eurocockpit.be
cc@eurocockpit.be

Edgar N. James

Allied Pilots Association
ejames@jamhoff.com

Krishna Urs
Department of State
urskr@state.gov Steve Shur
Travel Technology Association
sshur@traveltech.org

Eugene Alford
Department of Commerce
eugene.alford@trade.gov

Matthew Baldwin

Director of Air Transport
European Commission
Matthew.Baldwin@ec.europa.eu

Dr. Felix Leinemann
First Secretary
Delegation of the European

Union to the USA
Felix.LEINEMANN@eeas.europa.eu

David Batchelor

SJU Liason Officer
SESAR Joint Undertaking
Delegation of the European

Union to the USA
David.Batchelor@sesarju.eu

Ottar Ostnes
Director General, Norwegian
Ministry of Transport and

Communications
Ottar.Ostnes@sd.dep.no

John Hanlon
European Low Fares Airline

Association

John.Hanlon@ELFAA.com

Paul Gretch

Robert Finamore
U.S. Department of
Transportation
paul.gretch@dot.gov
Robert.Finamore@dot.gov

Peter Nelson

Josh Roman ow Pillsbury Law

romanow@pillsburylaw.com ;

p eter.nelson@pillsburylaw.comG CA EMPLOYMENT AGREEMENT 2012

© Global Crew Asia Pte Limited 1 GLOBAL CREW ASIA PTE

., LIMITED

- and

-

(Pilot Name)

EMPLOYMENT AGREEMENT

FO R ASSIGNMENT TO

N ORWEGIAN L ONGHAUL S INGAPORE PTE ., L IMITED



# CONFIDENTIALG CA EMPLOYMENT AGREEMENT 2012

© Global Crew Asia Pte Limited 2 AGREEMENT dated 2012

BETWEEN :

(1) GLOBAL CREW ASIA PTE LIMITED a company incorporated under the laws of the Republic of Singapore and having its registered office at 10 Anson Road 35

- 06A International Plaza, Singapore 079903 (" EMPLOYER ”); and

(2) ( Pilot) of ( Address) ( " Employee ").

1. INTERPRETATION

1.1 Definitions

In this Agreement , unless the context otherwise requires:

“ Aircraft ” means the current passenger aircraft operated by the Client

.

“ Base” means Bangkok or such other location specified by Employer on 2 months’ notice

.

“ Client ” means the Employer’s client airline Norwegian Longhaul Singapore Pte., Limited based in Singapore.

“ Commencement Date ” means the date when the Employee reports to Client to start Ground

Course, Type Rating or Difference Training, whichever comes first.

“ Extended Outstation L a yover ” means 4 or more consecutive days off at an outstation other

than Base

.

“EUR” m eans the legal currency of the Eurozone of the European Union

.

“ Operational Duty” means from the time the Crew Member reports for duty until the end of such
duty according to EU / OPS Subpart Q and includes any of the following; (i) flight duty as part of an operating flight crew; or (ii) deadheading/positioning; or (iv) standby duty; or (v) simulator flight duty; or (vi) proficiency, training or recurrency required by the Client

.

"Qualifications" means the qualifications set out in Item 3 of Schedule 1

.

“Taxes ” means any tax

, duty, withholding, deduction, impost, contribution, levy or charge (including any social security charges or contributions) in respect of the payments, salary

remuneration and benefits provided to the Employee under this Agreement

.

1.2 Headings : Clause and other headings are for ease of reference only and shall not be deemed to form any part of the context or to affect the interpretation of this Agreement

.

1.3 Clause s : References to Clause s are references to Clause s of this Agreement

.



### 1.4 Plu ral and Sing ular : Words importing the singular number shall include the plu r al and vice versa.

1.5 Name

1.6 Schedules: This Agreement includes the Schedules to it.

2. EMPLOYMENT

2.1 The Employee is employed by the Employe r in the capacity spe cif i ed in Item 1 of Schedule 1

.G CA EMPLOYMENT AGREEMENT 2012

© Global Crew Asia Pte Limited 3 2.2 The Employee’s employment is subject to the Employee meeting the requirements of Item 3 of

Schedule 1

.

3. DUTIES

3.1 The Empl o yee will pe rform the duties specified in Item 2 of Schedule 1 and such other duties as may from time to time be assigned to the Employe e a n d shall comply with all reasonable

directions

, procedure and policies of the Employer

.

3. 2 Whe n provid ing pilot services to the Client

, the Employee shall be subject to the authority, direct ion

and control of the Client and the Employee shall comply with the Client ’s directions, instructions

rule s , regulations, policies and operating p rocedures and such other rules and regulations
applicable to the Em ployee’s duties

.

3.3 The Employee shall act in good faith, with all due care, perform the duties with skill and diligence and shall use best endeavours to promote and protect the interests of Employer and the Client

, shall devote the whole of the Employee ’ s time

, attention and abilities during the performance of

d ut ies and at such other times as the Employer (or the Client ) may require for the performance of

such duties.

3.4 For the purposes of the duties to be undertaken by the Employee the Employer shall provide or

procure that the Employee is provided with the items set out in Schedule 2

.

4

. TERM

4 .1 Employment will commence on the Commencement Date and will, unless extended by written agreement between the parties, terminate automatically 36 months from the Commencement
Date, subject to earlier termination in accordance with this Agreement . T he Employee’s

e mployment may be renewed for a further term subject to the mutual agreement of b oth parties.

5. PLACE AND HOURS OF WORK

5.1 The Employee will prov ide services to the Client at such locations and times as the Client or the Employer may direct from time to time and as may be reasonably required by the Employer in order for the Employee to properly perform their duties.

5.2 The Employee will be rostered up to the maximum duty time allowed by the relevant CAA and for a

minimum of 8 days free of duty in any full calendar month (prorated for any part month).

5.3 The Employee may request E xtended O utstation L ayover and where granted by the Client the
Employee accepts that the EOL includes weekly rest days

.

5. 4 The Employee's salary at Clause 6.1 below fully compensates the Employee for all hours worked.

6

. REMUNERATION

6 .1 E mployer shall for the period from the Commencement Date until the termination of this Agreement pay the Employee the monthly payments as follows :



### ( a) S alary of [ Type Rating Instructor (TRI) EUR 11,000 / Captain EUR 9,000 / Relief Captain EUR

7,000 / First Officer EUR 5,000 ] ; (delete as applicable)

(b) EUR 1,000 for per diems to cover work related expenses ; and

s uch payment to be prorated for any employment commencing or terminating part way through a

month.G CA EMPLOYMENT AGREEMENT 2012

© Global Crew Asia Pte Limited 4 (c): Where the Employee performs the duties set out below , the Employer will pay the Employee as

follows ; (i) Line Training Captain duties

, EUR 20 per block hour of line instruction; (ii) Check Captain duties

, EUR 40 per block hour of line checks; (iii) Simulator Instructor duties

, EUR 40 per simulator hour; and

T he payment s under this Clause 6.1.(c) will be included in the monthly payment to the Employee in the month following the month in which such duties were performed.

6.2 T he payments specified in Clause 6.1 above are before Taxes and shall be paid in arrears. The
above stated payments are th e total remuneration payable to the Employe e inclusive of all benefits

and no overtime rates or additional payments will apply.

6

. 3 P ayment shall be sent from Employer ’s bank account to an account to be nominated by the Employee for each month of completed service, no later than the 28 th day of the month of

service, ( less any bank transfer charges payments to more than one bank account

. Where the 28 th

day falls on a weekend or public or bank holiday, payment shall be sent on the next working day

.

7. TAXES

7.1 T he Employee s hall be responsible for all Taxes (including income tax liability ,) relating to the Employee o r to this Agreement

, and shall :

(i) file all tax returns and pay any required T axes as they fall due in any applicable jurisdiction;

( ii ) provide the Employer with documentation evidencing the Employee ́s payment of Taxes set

out under Clause 7.1 (i) above ;

( i ii ) if the Employee is a Norwegian citizen and/or resident for tax purposes report the Employee ́s income to the Norwegian tax authorities and provide satisfactory evidence of payment of

Taxes in Norway

( i v ) indemnify the Employer and/or the Client in respect of any failure to comply with any applicable tax laws.

7.2 Notwithstan ding the Employee’s obligations in Clause 7.1 above t he Employer shall be entitled to
withhold any outstanding Taxes owed by the Employee or required to be deduct ed under the laws of Singapore (if any) or any other jurisdiction

, including following termination of this Agreement

.

8. LEAVE, STATUTORY HOLIDAYS AND TIME OFF

8.1 Annual leave
Employee is entitled to paid annual leave as follows :

(i) t he Employee's entitlement shall accrue on a pro

- rata basis at the rate of 2 days during each month of their employment from the first day of their employment ;

(ii) a nnual leave may, with the agreement of the Employer, be taken in advance , but this is conditional on the leave taken in advance by the Employee being deducted from his leave

balance once it accrues or the value of such leave being deducted from any monies paid to the
Employee hereunder ;

(iii) t he time for taking annual leave may be agreed between the Employer , the Client and Employee, but failing agreement the Employer may, after consultation with the Employee, and having taken into account work requirements and the opportunities for rest and recreation available to the Employee, provide at least 14 days’ notice to the Emp loyee directing them to take annual leave commencing on a particular date ;

(iv) the Employee agrees that the Employer may pay him for annual leave in the pay that relates to
the period during which the leave is taken;G CA EMPLOYMENT AGREEMENT 2012

© Global Crew Asia Pte Limited 5 (v) t he Employee acknowledges and agrees t hat the leave provision in this Clause 8.1 above is inclusive of applicable public holidays and no additional payment wil l be made in this respect

.

8.2 Payment for Work on a Day Off



### If the E mployee agrees to work on a rostered day off the Employer will pay the Employee at the

rate of 1/10 x the monthly salary specified at Clause 6.1 (a) for each day worked

.

8. 3 Unpaid Leave Unpaid leave shall be granted at the sole discretion of the Employer

.

8. 4 Sick Leave

T he Employee is entitled to a maximum of 30 days of paid sick leave per calendar year (pro

- rated for any part year)

. The Employee must notify the Employer and/or the Employee’s immediate supervisor as soon as practicable if unable to work for medical reasons. Such notice shall be given

within the first four (4) hours of the working day

.

8.5 If the Employee has been absent from work for at least 5 consecutive days because of illness, the employee shall provide a medical certificate.

8.6 T he Employer shall be entitled to require the Employee to undergo a medical examination by a registered medical practitioner nominated by the Employer. In assessing the Employee's fitness for work, the Employer shall take into account any report provided as a result of that examination, and
any other medical report provided by the Employee within a reasonable time

- frame.

8.5 Compassionate Leave
(i) Leave with pay up to a maximum of three days may be granted by the Employer for compassionate reasons. If compassionate leave is required in excess of three days, the Employer may consider granting an additional days' leave.

(ii) " Compassi onate reasons" is defined as the critical illness or death of a parent, child, spouse, sister, brother, grandparent or parent

- in

- law. "Critical illness" is defined as illness of a nature warranting the patient to being classified by the relevant hospital as dangerously or critically ill.

8.6 Maternity Leave

L eave shall be granted by the Employer in accordance with the laws of Singapore

.

9

. T ERMINATION

9 .1 The Employer may terminate this Agreement

, by giving not less than 30 days’ written notice ; or

, at

E mployer ’s discretion paying the Employee one month’s salary i n lieu of such notice; and

9.2 The Employee may after 6 months terminate this Agreement, by giving not less than 90 days’

notice ;

9. 3 Employer may terminate this Agreement b y immediate notice if :

(a) t he Employee fails or ceases to hold any of the Qualifications;

(b) the Employee commits a breach of the terms of this Agreement

, serious misconduct, disobedience or neglect of duty. Without limitation, the following events shall be serious

misconduct for the purposes of this Clause :

(i) the Employee wilfully neglects the interests of the Client or Employer or damages the

Client 's property through negligence; or

(ii) the Employee is continuously absent from work for more than 2 days without appro val

or without reasonable excuse ; orG CA EMPLOYMENT AGREEMENT 2012

© Global Crew Asia Pte Limited 6

(iii) the Employee consumes alcohol in contravention of the Client 's in

- house rules
applicable to its Employee s or any applicable rules of any relevant aviation supervisory authority as the same may be amended from time to time; or

(iv) the Employee fails or refuses to comply with any reasonable or lawful direction of the Employer or the Client or with any in

- house rules or policies of the Client applicable to the provision of the Services; or

(v) the Employee engages in c onduct on or off duty which is prejudicial to the interest, good name or reputation of the Client or E mployer ; or

(vi) the Employee is dishonest or commits theft including theft of the Client 's property; or

(vii) the Employee engages in smuggling or illicit trading of any kind; or

(viii) the Employee ceases to hold, (for any period of time), any one of the permits or travel documents, (including visas), necessary to provide the Services; or

(ix) the Employee engages in harassment of a work colleague or customer

.

9. 4 If the Employee terminates this Agreement prior to completion of the term specified in Clause 4.1 and fails to provide 90 days’ notice the Employee agrees to pay to Employer the equivalent of up to one month’s salary entitlement as specified in Clause 6 ab ove;

9. 5 On termination all sums owing to the Employer under this Agreement shall be immediately payable by the Employee. The Employer may deduct any outstanding debts, overpayments, or money owed to it by Employee from final pay or holiday pay.

10. RE TRENCHMENT

10.1 In circumstance s where :

(a) T he Employer’s a greement with the Client for the provision of services of flight person n el is
terminated, suspended or otherwise comes to an end ; or

(b) Client terminates its a greement with the Employer with respect to Employee ; or

(c) Client has a liquidator or receiver appointed in respect of the Client ; or

(d) if the Client :

(i) is the subject of a winding up petition; or

(ii) passes a winding up resolution; or

(iii) fails to maintain any licences required by l aw or any competent regulatory authority; or (iv) ceases to carry on business or meet its financial obligations; or

(e) T he Employee ’ s role is made r edundan t or retrench ed

,

t hen the E mployer shall be entitle d to terminate this A greement by giving 30 days’ written notice to the Employee and Empl oyee shall not be entitled to any additional payment or payment or compensation for redundancy or retrenchment.G CA EMPLOYMENT AGREEMENT 2012

© Global Crew Asia Pte Limited 7 1 1

. OTHER EMPLOYMENT OBLIGATIONS

1 1

. 1 The Employee shall not, whether during the currency of this Agreement or after its termination for
whatever reason, use, disclose or distribute to any person or entity, otherwise than as necessary for the proper performance of their duties and responsibilities under this Agreement , or as required by law, any confidential inf ormation, messages, data or trade secrets acquired by the Employee in the course of performing their services under this Agreement . This includes, but is not limited to, information about the Employer's or the Client ’s business

.

1 1 .2 All work produced for the Employer by the Employee under this Agreement or otherwise and the right to the copyright and all other intellectual property in all such work are the sole property of the
Employer.

1 1 .3 The Employee agrees that there are no contracts, restrict ions or other matters which would interfere with their ability to discharge their obligations under this A greement . If, while performing
their duties and responsibilities under this A greement , the Employee becomes aware of any potential or actual conflict between their interests and those of the Employer, then the Employee shall immediately inform the Employer. Where the Employer forms the view that such a conflict does or could exist, it may direct the Employee to take action(s) to resolve that conflict, and the Employee shall comply with that instruction. When acting in their capacity as Employee, the Employee shall not, either directly or indirectly, receive or accept for their own benefit or the benefit of any person or entity other than the Employer any gratuity, emolument, or payment of any kind from any person having or intending to have any business with the Employer.

1 1 .4 During the term of this Agreement, the Employee shall not, without the prior written approval of the
Employer, whether paid or unpaid, be directly or indirectly engaged in any other employment.

1 1

. 5 The Employee shall comply with all company rules, policies and directions, as notified by the Employer from time to time. The Employer is entitled to amend, cancel or introduce s uch rules, policies and directions, as it considers necessary.

1 1

. 6 The Employee agrees that for a period of 6 months following the termination of their employment for whatever reason, they shall not, either personally, or as an employee, consultant or agent for any other entity or employer, seek to solicit or engage or employ any employee of the Employer.
The Employee a grees with these provisions and receives consideration in the total remuneration package.

1 2

. RETURN OF PROPERTY ON TERMINATION

The Employee shall, on termination of this Agreement, return to the Client and/or the Employer all manuals, items of uniform, identity card and any other items of property issued to the Employee by

or on behalf of the Client

.

1 3

. HEALTH AND SAFETY

T he Employer shall comply with all applicable health and safety legislation

.

The Employee shall comply with all applicable health and safety laws and regulations in any jurisdiction in which the Employee performs duties and with all directions and instructions from the
Employer and /or the Client regarding health and safety ; and

Familiarise hi m/hers elf with and comply with any health and s afety documentation issued by the Employer and / or the Client and provided to the Employe e including without limitation as contained

in the Client ’ s s tandard op e rating procedures rule or regulations and any empl o yee hand book and shall also take all reasonable steps to ensure that in the performance of their employment they do not undermine their own health and safety or the health and safety of any other person.G CA EMPLOYMENT AGREEMENT 2012

© Global Crew Asia Pte Limited 8 1 4

. EMPLOYMENT DISPUTES

If the Employee c onsiders that there is a problem, including any problem with the Client

, the
problem should be raised as soon as possible with the Employer . This can b e done in writing or verbally. The parties use reasonable efforts will then try to establish the facts of the problem and
discuss possible solutions.

15

. OTHER CONTRACTUAL CLAUSES

1 5 .1 Variation of Agreement
The parties may vary this A greement , provided that no variation shall be effective or binding on either party unless it is in writing and signed by both parties.

1 5 .2 Assignment and Transfer The Employee must personally perform the duties and responsibilities under this A greement and

no s ubcontracting or assignment by the Employee is permissible.

The employer reserves the right to transfer the employees to another party on the same or substantially materially similar terms and conditions of employment as set out the Agreement. The

E mployees acknowledges and agrees that the Employees rights and obligations will continue as they were with the transferring party.

1 5

. 3 Waiver No failure to exercise, or delay in the exercise of, any right or remedy either party may have under

or in conn ection with this A greement shall operate as a waiver thereof nor shall any single or partial exercise of any such right or remedy prevent any further or other exercise thereof of any other such right or remedy.

1 5 .4 Severability
In the event any provision (or part thereof) of this Agreement is viewed as unenforceable by any

a uthority or c ourt with jurisdiction to consider such clauses, the offending provision (or part thereof)

shall be deemed severed from this Agreement without affecting the vali dity of the remainder of this Agreement , which will be appl ied as modified by the a uthority or the c ourt , or in the event it is not modified by the a uthority or c ourt , the remainder of this clause and A greement shall continue to be enforceable by the parti es.

1 5

. 5 Deductions from Salary/Wages
Where requested by the Employee, the Employer may agree to deduct from their salary/wages any agreed amount and pay the amount to the organisation specified by the E mployee . The Employer shall also be entitled to deduct from any salary payment payable upon termination of employment any overpayment made to the Employee for leave taken in advance.

1 5

. 6 Employee Acknowledgment Employee acknowledges that: i) they have been a dvised of their right to take independent advice on the terms of this Agreement ; ii) they have been provided with a reasonable opportunity to take that advice; iii) they have read these terms of employment and understand these terms and their
implications; iv) they agree to be bound by these terms of employment and the Employer's and the Client ’s policies and procedures as implemented by the Employer from time to time ; a nd v) the Employee has disclosed and will continue to disclose all information about the
Employee that would ensure the Employer can make a determination about the Employee’s suitability for employment by the Employ er.G CA EMPLOYMENT AGREEMENT 2012

© Global Crew Asia Pte Limited 9 15. 7 Media Communications
The Employee shall not provide, publish or disclose information in any form, or speak on behalf of
the Employer o r the Client on any matter relating to the business activities Employer or the Client

,
or to this Agreement or the work to be undertaken by the Employee under this Agreement. All requests for information or interviews or for the disclosure of information shall be referred by the
Employee to the Employer.

1 5

. 8 Governing Law and Dispute Resolution

This A greement shall be governed by and construed in accordance with the laws of Singapore . In relation to any legal action or proceedings arising out of or in connection with this Agreement the
parties hereby irrevocably submit to the non

- exclusive jurisdiction of the courts of the Republic of Singapore.

SIGNED as an Agreement

for )

GLOBAL CREW ASIA LIMITED )

................................................... by: )

Date:

...................................................

Address for Notices: info@ globalcrewasia.com

by ) ( ........................ ) )

................................................... the Employee : )

Date:

...................................................

Address for Notices:

Fax for Notices:

Email for Notices:

Contact Person in case of an Emergency:

Name:................

Phone:

Fax:G CA EMPLOYMENT AGREEMENT 2012

© Global Crew Asia Pte Limited 10 SCHEDULE 1

1. Position ; B787 [ TRI/ PIC / RCA/ FO ] P ilot

2. Employee’s Duties

(a) Providing pilot services to the Employers Client

, t he Employee shall pilot such domestic and international flights using the Aircraft as the Client may require

.

(b) The Employee shall, in providing pilot services to the Client and in partic ular while on Operational Duty , be directed by the Client , with respect to operational matters , hours of work

, rest periods and rostering.

(c) The Employee shall be rostered by the Client up to the maximum time allowed by the relevant

CAA

. Scheduling will be based on the Client ’ s operational parameters as may be approved by the relevant CAA and the Client ’ s operation manuals

(d) It is the Employee ’ s responsibility to ensure that he is contactable at all times, by having a mobile phone service, or other suitable messaging or communications devices. The Employee

will provide the Employe r and the Client with the Employee’s current contact phone numbers.

(e) Comply with the Client’s AOC holder ́s operational manual part A and B;

(f) Provide evidence of valid licence to the Client on request ;

(g) Ensure that at all times the Employee is fit to fly ;

(h) Abide by the laws of any state in which the employee is required to perform duties

.

(i) Notwithstanding Clause 2. (b) an d (c) above the Employee shall be responsible for monitoring
the Employees own f light time l imitatio ns in accordance with the relevant CAA regulations.

The Employee shall not carry out simulator duties or fly for hire or reward for any other party.

The Employee shall provide flight time details ( including all deadheading, positioning or passengering tim e) to the Client o r the Employer on request.

(j) Undertake training as the Client or Employer may require, and in accordance with Schedule 3
to this Agreement

.

(k) Where the Employee is appointed to provide Training Captain, Check Captain, or Simulator

Instructor services to the Client

, the employee will carry out duties relating to such services as

the Client may require

.

3. Qualifications

The Employee must at all times during the term of this Agreement:

(a) Meet all current requirements of the relevant Civil Aviation Authority and the International Civil Aviation Organisation to fly the Aircraft as an international and domestic air transport
Employee.

(b) Meet all licensing and medical examination requirements as specified by the relevant Civil

Aviation A uthority to fly the Aircraft, including being the holder of relevant aircraft type rating and appropriate licence, with experience and hours to the satisfaction of the Client and Employer

.G CA EMPLOYMENT AGREEMENT 2012

© Global Crew Asia Pte Limited 11 (c) Me et the standard required by the Client and Employer for all simulator checks including recurrency training and checks, as required by the Client

. For the purposes of this Agreement :

( i) Written tests are considered failed if the Employee is unable to reach required

score after 2 attempts.

(ii) Simulator train ing is considered failed if the Employee is unable to reach required standard after one extra session is given in addition to syllabus. This applies to initial Type Rating/Conversion Training.

(iii) Fail on OPC/PC: if one failure is recorded an extra tra ining session in simulator will be given before new check. The second OPC/PC will be performed by a different examiner if required by Employe e . Failure of second OPC/PC check is considered

final.

(iv) Failure of Line Check: A fter failure of line check 2 sectors of line training will be given before new line check. The n ew line check will be given by a different examiner if required by the candidate. Failure of second line check is considered failure final. Additional training/checking beyond these r ules c an only be granted by Client’s DFO.

(d) Obtain and maintain all visas or other entry documentation

, valid passport, visa, or employment permits required to perform the Employee ’ s duties. The reasonable cost of requisite visa/employment permit shall be reimbursed on production of receipts by the
Employee.

(e) Pass any medical examination or other test required by the Employer or the Client at any time during the Employee’s employment.

(f) B e familiar with and adhere to the rules and regulations that generally apply to the relevant position of the Crew Member in an airport area, and the standards, rules and regulations that generally apply to the Crew Member in relation to the Specified Service s.G CA EMPLOYMENT AGREEMENT 2012

© Global Crew Asia Pte Limited 12 SCHEDULE 2

Employer will provide or procure that the Employee is provided with the following,

1. Insurance
Employer will provide suitable medical insurance and personal accident and illness insurance for

the term of this Agreement . Cover notes evidencing this insurance will be provided to any
Employee by Employer on request.

2. Uniforms and Identification
Employee s will be provided with uniforms by the Employer , including any identification that it

requires the Employee to have



### . The Employee shall take all actions necessary to adhere to the

Client  ́s policy with regard to uniforms and i dentification and regalia

.

3. Travel:

The Client shall make ID travel benefits available to the Employee and his qualifying family members, including ID t ravel, according to the current policies. From the start of the Employee ’ s assignment, ID tickets will be granted to and from Base subject to availability on Norwegian Longhaul ASA and Norwegian Airshuttle flights.

4. Ground Transportation: During training a nd O perational D uty, the Client shall provide ground transportation at layover stations. Any other transportation such as to and from Base shall be the responsibility of the
Employee

.

5. Accommodation at layover stations:

The Client shall provide and pay for ;

(a) S ingle room accommodation at Base during a period from the Employee’s first assignment

and for up to 30 days thereafter . For subsequent duty the Employee will be responsible for

accommodation.

(b) W hen traveling back to Europe for consecutive days off the Employee will be provided hotel accommodation for one night when arriving to Europe and one night before leaving

back to B ase.

(c) S ingle room accommodation at layover stations other than Base ;

(d) F or the Employee on E xtended O utstation L ayover in Europe

, si ngle room accommodation the night before at Base o perational d uty star ts, and the night such duty ends.

6. Medical Facilities

The Client shall use best effort s to assist in the provision of contact with medical facilities should

the need arise.

7. Phone allowance (i) TRI/ PIC s : EUR 100/month from the date line flying starts.

(ii) Relief Captains and FO ’ s : EUR 50/month from the date line flying starts.G CA EMPLOYMENT AGREEMENT 2012

© Global Crew Asia Pte Limited 13 SCHEDULE 3

Training

(a) The Employee shall undertake all flight simulator training and checks, medical examinations, and training courses as and when required by the Client to maintain his licence and his own proficiency.

(b) Where the Employee has undertaken training to B787 type at the Employer’s or the Client’s cost and this Agreement is terminated (excluding termination by the Employer without cause ) prior to completion of the term the Employee shall immediately repay Employer the training costs in

accordance with C lause (c) below. The Employee agrees to provide a satisfactory bank guarantee in favour of the Employer

, or a cash bond

, to the requisite value specified by the Employer in respect of such training costs prior to commencing duties.

(c) For termination occurring between ;

Pilots current on B737, B757, B767 or B747 when starting the B787 type

rating course Pilots current on any other aircraft type or not being current on B737,

B757, B767 or B747 when star t ing the B787 type rating course

0

- 12 months €30,000 €40,000

13

- 24 months €20,000 € 27,000

25

- 36 months €10,000 € 13,000

After 36 months Nil Nil